Legal Opinion

City of Buffalo v. . Bettinger

New York Court of Appeals

Decided March 18, 1879PublishedCited by 11 opinions

Appeal from judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. Tho nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff, not being specially authorized to do so, could not hold or enforce the notes in suit.

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Appeal from judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. Tho nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff, not being specially authorized to do so, could not hold or enforce the notes in suit. (2 R. S., tit. 3, chap. 18, pt. 1, § 3; 2 R. S. [Cothran's ed.], 391; Halstead v. The Mayor, 3 Com., 432; Chautauqua Bk. v. Risley, 4 Den., 481; Hodges v. City of Buffalo, 2 id., 111; Utica Ins. Co. v. Scott, 19 J. R., 1; Life and F. Ins.…

1Opinion of the Court

Church, Ch. J.

The action is upon three promissory notes, made by one Greib, payable to the order of the defendant, and by him indorsed to one Boric, and by the latter delivered to the plaintiff. The principal question litigated on the trial was, whether the notes had been paid by Greib by city orders delivered to Boric, who was city treasurer, under an arrangement, by which Boric advanced money upon these notes, and received the orders to apply thereon. There was a conflict of evidence upon the question of payment, and the finding of the judge is conclusive upon this court, as we held in the…

2Cases cited3 opinions

  1. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  2. City of Detroit v. CoreyMichigan Supreme Court · 1861
  3. Board of Supervisors v. BowenNew York Supreme Court · 1871

3Cited by11 opinions

  1. Oakman v. City of EvelethSupreme Court of Minnesota · 1925
  2. Woods v. Board of SupervisorsNew York Court of Appeals · 1893
  3. Buffalo Cement Co. v. McNaughtonNew York Supreme Court · 1895
  4. Shipp Ex Rel. Fayette County v. RodesCourt of Appeals of Kentucky (pre-1976) · 1927
  5. Multnomah County v. Title Guarantee Co.Oregon Supreme Court · 1905

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